SARASWATHI Vs. SIDDAMMA

JUDGEMENT

(1.) The plaintiff in O.S.No.78/2000 on the file of the learned Principal Civil Judge (Sr.Dn.), Bidar (hereinafter referred to as 'Trial Court'), is impugning the judgment and decree dtd. 18/9/2007, dismissing his suit for specific performance of contract, which was confirmed in R.A.No.117/2007 on the file of the learned Principal District and Sessions Judge, Bidar (hereinafter referred to as 'First Appellate Court') vide judgment dtd. 8/2/2011.

(2.) For the sake of convenience, the parties are referred to as per their ranking before the Trial Court.

(3.) Brief facts of the case are that, the plaintiff filed the suit against defendant Nos.1 to 9 seeking decree for specific performance of the contract against defendant Nos.1 to 6 directing them to deliver the actual possession of the land measuring 13.34 acres out of 27.27 acres in Survey No.41 situated at Jangalkoi village, Bidar district, with the boundaries mentioned therein (hereinafter referred to as 'suit land'), to execute the sale deed in favour of the plaintiff after receiving the balance consideration amount of Rs.25,000.00 and if the suit land was acquired by defendant Nos.7 to 9, the compensation amount in respect of the same is ordered to be paid to the plaintiff and also for perpetual injunction restraining defendants from alienating the suit land or any portion thereof or from making any construction over the same.